Sec. 52.109. AVAILABILITY OF SERVICE. (a) The commission may require a telecommunications utility that provides a service to make that service available in an exchange served by the telecommunications utility within a reasonable time after receipt of a bona fide request for the service in that exchange.
(b) A telecommunications utility may not be required to extend a service to an area if:
(1) the local exchange company is unable to provide the required access or other service; or
(2) extending the service would, after consideration of the public interest to be served, impose unreasonable costs on or require unreasonable investments by the telecommunications utility.
(c) The commission may require from a telecommunications utility or a local exchange company information necessary to enforce this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Structure Texas Statutes
Title 2 - Public Utility Regulatory Act
Subtitle C - Telecommunications Utilities
Chapter 52 - Commission Jurisdiction
Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers
Section 52.102. Limited Regulatory Authority
Section 52.103. Registration Required
Section 52.1035. Renewal of Certain Certificates
Section 52.104. Commission May Investigate
Section 52.105. Access to Certain Services Required
Section 52.106. Quality of Service Required
Section 52.107. Predatory Pricing
Section 52.108. Other Prohibited Practices
Section 52.109. Availability of Service
Section 52.110. Burden of Proof